2026 CLC 283
— منسوخ شدہ مختار نامہ کی بنیاد پر فروخت کالعدم
مختصر کہانی
منفرد قانونی نکتہ
نتیجہ
Must read Judgment.
2026 CLC 283
Before Shujaat Ali Khan, I
[Lahore]
ALI HAIDER and another -Petitioners
Versus
MUHAMMAD BOOTA and another ---Respondents
Civil Revision No. 77789 of 2023, heard on 23rd January, 2025.
(a) Specific Relief Act (I of 1877)-
Ss. 39, 42 & 54-Qanun-e-Shahadat (10 of 1984), Arts.30 & 113-Civil Procedure Code (V of 1908), S. 115--Suit for cancellation of document, declaration and injunction-Concurrent findings of facts by two Courts below-Admitted fact-Fraud, effect of Petitioners/plaintiffs assailed sale deed on the plea that attorney appointed by their deceased father executed sale deed after the power of attorney was revoked-Both the Courts below concurrently dismissed suit and appeal filed by petitioners/plaintiffs---Validity-Respondents/defendants were well aware about th fact that late father of petitioners/defendants. dants moved for revocation of general power of attorney through written instrument and the same was registered with Sub-Registrar concerned---Such fact mentioned in written statement filed by respondents/defendants fulfilled conditions of an admission as envisaged under Art. 30 of Qanun-e-Shahadat Order, 1984---Admitted fact need not to be proved---Attorney failed to give any justification for transfer of land in favour of defendant/ his real brother on the basis of general power of attorney, which was revoked on the date when sale deed was allegedly executed-If the -If the transaction could could have been executed in the name of somebody else, the position would have been different--There was inter-se connivance of respondents/defendants who were real brothers, just to deprive late father of petitioners/plaintiffs of his property through a sham transaction---Fraud vitiated even solemn proceedings and acts of respondents/defendants stood proof of the fact that their conduct towards execution of sale deed was not above board---To prove a valid alienation it was incumbent upon vendee(s) to establish offer for sale by vendor, acceptance of offer by vendee; payment of amount of consideration and transfer of possession-No proof regarding payment of consideration amount was brought on record by respondents/defendants-High Court in exercise of revisional jurisdiction tion set set aside concurrent findings of facts, and judgments and decrees passed by two Courts below were set aside; resultantly suit filed by petitioners/plaintiffs was decreed in their favour-Revision was allowed accordingly. paymen
Mst. Naila Kausar and another v. Sardar Muhammad Bakhsh and others 2016 SCMR 1781; Shakeel Ahmed v. Gulzar and others 2024 CLC 500; Chief Executive Officer NPGCL, GENCO-III, TPS Muzafargarrah v. Khalid Khalid Umar Umar Tariq Tariq I Imran and others 2024 SCMR 518; Trading Corporation of Pakistan v. Devan Sugar Mills Limited and others PLD 2018 SC 828; Mst. Shumal Begum v. Mst. Gulzar Begum and 3 others 1994 SCMR 818; Wasi-Ud-Din v. Fakhra Akhtar and 4 others 2011 SCMR 1550; Mst. Aziza Khanum alias Shah Pari and another v. Member-II, Board of Revenue, Government of Balochistan, Civil Secretariat, Zargoon Road, Quetta and 5 others 2024 YLR 2314; Abdul Rasheed v. Zahoor-ud-Din (deceased) through Legal Heirs and others 2024 CLC 1060; Muhammad Boota through L.Rs. v. Mst. Bano Begum and others 2005 SCMR 1885; Mst. Rehmat and others v. Mst. Zubaida Begum and others 2021 SCMR 1534; Chiragh (deceased) through L.Rs. v. Ibrahim and others 2010 SCMR 1976; Nazir Ahmad and another v. M. Muzaffar Hussain 2008 SCMR 1639 and Muhammad Iqbal through L.Rs v. Mehmood Hasan and others 2016 MLD 1243 ref.
(b) Civil Procedure Code (V of 1908)---
-S.115---Revisional jurisdiction, exercise of--Concurrent findings of facts by two Courts below---Ordinarily concurrent findings of facts recorded by Courts below cannot be interfered with, however, the same cannot be considered as sacrosanct especially when they are found arbitrary or perverse.
Hajid Wajdad v. Provincial Government through Secretary, Board of Revenue Government of Balochistan, Quetta and others. 2020 SCMR 2046 2046 and Subedar (Retd.) Jamil Khan (deceased) through legal heirs v. Salim Khan (deceased) through legal heirs and 6 others 2017 SCMR 860 rel.
Naveed Khalid for Petitioners. Sheikh Miraj Din for Respondents.